Asking to Remove Your Name from Sex, Kidnap, and Child Abuse Offender Registry

This page explains how your name can be removed from the Sex, Kidnap, and Child Abuse Offender Registry. The removal process depends on the outcome of your case:

  • Petition for Removal: If you do not qualify for automatic removal, you may be able to ask the court to remove your name by filing a petition. Your eligibility to petition depends on the original crime, time spent on the Registry, compliance with registry rules, and any criminal record since the conviction. 
    • We do not have forms for this process. This is a complex legal process. See our Finding Legal Help page for information on how to get legal advice or find a lawyer.

If your conviction happened outside of Utah

If you were convicted in a different state but now live in Utah, you may be able to ask a Utah court to remove your name from the Registry if:

  • You have lived in Utah for at least 2 years.

  • You file your petition in the Utah district court where you live now.

  • You meet all other Utah eligibility rules. 

Automatic removal from the Registry by the Department of Corrections

Your name will be automatically removed from the Registry if your only conviction or convictions were for:

  • a class B or class C misdemeanor for enticing a minor, under Utah Code 76-4-417
  • kidnapping under Utah Code 76-5-301(2)(a) or (b)
  • child kidnapping under Utah Code 76-5-301.1, if you were the natural parent of the child victim
  • unlawful detention under Utah Code 76-5-304
  • a third degree felony for unlawful sexual intercourse before 1986, or a class B misdemeanor for unlawful sexual intercourse under Utah Code 76-5-401 or
  • sodomy (but not forcible sodomy) under Utah Code 76-5-403.

The Department of Corrections will notify you if your name is removed from the Registry.  The notice will say that you are no longer required to register as a sex offender.  

If the Board of Pardons or the court grants you a pardon, reverses, or vacates your conviction, they will send a formal notification or order to the Department of Corrections telling them to remove your name from the registry. 

Utah Code 53-29-405

If you believe you qualify for automatic removal, but your name is still on the Registry

If you believe you qualify for automatic removal from the Registry but the Department of Corrections has not removed your name, you can make a written request to the Department to remove your name. You can email them at Registry@utah.gov.

When the Department of Corrections receives your request it will:

  • check the Registry for your current status,
  • determine whether you qualify for removal, and
  • write to you to tell you of their department's determination and whether you qualify for removal from the Registry or do not qualify for removal.

If the Department of Corrections determines that you qualify for removal, it will remove your name from the Registry. If the Department determines that you do not qualify for removal, it will explain its decision. The Department will respond to a request within 30 days of the receipt of the request. The Department may take an additional 30 days if it needs more time. The Department's determination is final and not subject to administrative review. Utah Code 53-29-405.

Important: You may only use this process if the offense listed below is the ONLY offense for which you have been required to register.

If you were convicted of one of these crimes:

  • enticing a minor under Utah Code 76-5-417 if the offense is a class A misdemeanor
  • kidnapping under Utah Code 76-5-301(2)(c) or (d)
  • felony unlawful sexual activity with a minor under Utah Code 76-5-401 if, at the time of the offense, you were not more than 10 years older than the victim
  • sexual abuse of a minor under Utah Code 76-5-401.1 if, at the time of the offense, you were not more than 10 years older than the victim
  • unlawful sexual conduct with a 16 or 17 year old under Utah Code 76-5-401.2, if at the time of the offense, you were not more than 15 years older than the victim
  • voyeurism under Utah Code 76-12-306 if the offense is a class A misdemeanor
  • recorded or photographed voyeurism under Utah Code 76-12-307 if the offense is a class A misdemeanor
  • Distribution of images through voyeurism Utah Code 76-12-308 if the offense is a class A misdemeanor
  • Attempting, soliciting, or conspiring to commit an offense listed above if the attempt, solicitation, or conspiracy is a registerable offense, or
  • if you were required to register because of an offense you committed in another jurisdiction, you may be able to file a five-year petition for removal if you offense is "not subtantially equivalent" to an offense described in Utah Code 53-29-202(1)(a)

Then you must show that...

  • at least five years has passed after the day on which your sentence for the offense terminated, and
  • the offense is the only offense for which you were required to register, and
  • you were not convicted of another offense (excluding a traffic offense) after the day on which you are convicted of the offense for which you are required to register as evidenced by a certificate of eligibility issued by the Bureau of Criminal Identification, and
  • you successfully completed all treatments ordered by the court or the Board of Pardons and Parole relating to the offense, and
  • you paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense

Utah Code 53-29-204

See our page on Finding Legal Help if you are unsure whether your offense qualifies for five-year removal.

If you were required to register for 10 years for one of these crimes listed under Utah Code 53-29-203:

  • a felony violation of enticing a minor under Utah Code 76-5-417, if you engaged in one of the offenses described in Subsections (d)(b) through (v)
  • aggravated child abuse under Utah Code 76-5-109.2(3)(a) or (b)
  • child torture under Utah Code 76-5-109.4
  • human trafficking for labor under Utah Code 76-5-308
  • human smuggling under Utah Code 76-5-308.3

  • human trafficking of a child for labor under Utah Code 76-5-308.5(4)(a)

  • aggravated human trafficking for labor Utah Code 76-5-310

  • human trafficking of a vulnerable adult for labor under Utah Code 76-5-311

  • a felony violation of unlawful sexual activity with a minor under Utah Code 76-5-401 if, at the time of the offense, you were more than 10 years older than the victim

  • sexual abuse of a minor under Utah Code 76-5-401.1 if,  at the time of the offense, you were more than 10 years older than the victim

  • unlawful sexual conduct with a 16 or 17 year old under Utah Code 76-5-401.2 if, at the time of the offense, you were more than 15 years older than the victim

  • forcible sexual abuse under Utah Code 76-5-404

  • custodial sexual relations under Utah Code 76-5-412, if the victim in custody was younger than 18 years old and the offense was committed on or after May 10, 2011

  • sexual exploitation of a vulnerable adult under Utah Code 76-5b-202

  • sexual extortion under Utah Code 76-5b-204(2)(a)

  • incest under Utah Code 76-7-102

  • four or more convictions of lewdness under Utah Code 76-5-419

  • four or more convictions of sexual battery under Utah Code 76-5-418

  • any combination of convictions of lewndess under Utah Code 76-5-419, and of sexual battery under Utah Code 76-5-418, that total four or more convictions

  • lewdness involving a child under Utah Code 76-5-420

  • a felony violation of recorded or photographed voyeurism under Utah code 76-12-308

  • a felony violation of distribution of images obtained through voyeurism under Utah Code 76-12-308

  • aggravated exploitation of prostitution under Utah Code 76-5d-208 if committed on or before May 9, 2011

  • Attempting, soliciting, or conspiring to commit and offense listed in section (3)(a) through (v) of Utah Code 53-29-205 if the attempt, solicitation, or conspiracy is a registrable offense

  • attempting, soliciting, or conspiring to commit:

    • human trafficking for sexual exploitation under Utah Code 76-5-308.1

    • human trafficking of a child for sexual exploitation under Utah Code 76-5-310

    • human trafficking of a vulnerable adult for sexual exploitation under Utah Code 76-5-311

    • aggravated kidnapping under Utah Code 76-5-302 unless you were a natural parent of the victim

    • forcible sodomy under Utah Code 76-5-403

    • sexual abuse of a child under Utah Code 76-5-404.1

    • sexual exploitation of a minor under Utah Code 76-5b-201.1

    • aggravated sexual extortion under Utah Code 76-5b-204(2)(b)

    • aggravated exploitation of prostitution Under Utah Code 76-5d-208 or or after May 10, 2022

  • An offense described in Utah Code 53-29-203(1)(b) that would otherwise be subject to a 20-year petition for removal if you were under 21 years old at the time the offense was committed and the offense did not involve force or coercion as described in Utah Code 53-29-203(3)

Then you must show that...

  • at least 10 years have passed after the later of:
    • the day on which you are placed on probation;
    • the day on which you are released from incarceration to parole;
    • the day on which your sentence is terminated without parole;
    • the day on which the you enter a community-based residential program; 
    • or for  a minor, the day on which the division's custody of the person is terminated;
  • you were not convicted of another offense that is a class A misdemeanor, felony, or capital felony within the most recent 10-year period after the date above, as evidenced by a certificate of eligibility issued by the Bureau of Criminal Identification
  • you successfully completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense, and
  • you paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense.

If you were required to register for 10 years under Utah Code 53-29-202 based on a conviction in a jurisdiction outside of Utah, you may petition for 10 year removal from the registry under Utah Code 53-29-205 if you show that...

  • You do not have a lifetime registration requirement in the outside jurisdiction's sex, kidnap or child abuse offender registry (or equivalent registry);
  • you meet ther equirements in Utah Code 53-29-205 (1)(a) through (c);
  • you have resided in Utah for at least 183 days in a year for two consecutive years;
  • you intend to reside primarily in Utah;
  • you have received an order from a court in the outside jurisdiction where you were initially required to register on a sex, kidnap, and child abuse registry (or equivalent registry) that authorizes you to be removed from the sex, kidnap and child abuse offender registry.

Utah Code 53-29-205

If you were required to register for life under Utah Code 53-29-203 for one of the following offenses:

  • An offense listed under Utah Code 53-29-203(1)(a) if, at the time of your conviction:

    • you had previously been convicted of an offense described in Utah Code 53-29-203(1)(a), or a substantially equivalent offense in an external jurisdiction; OR

    • you had previously been required to register as an offender for an offense described in Utah Code 53-29-203(1)(a) committed as a juvenile

  • A felony violation of the following offenses, including attempting, soliciting, or conspiring to commit a felony violation of:

    • child kidnapping under Utah Code 76-5-402

    • rape of a child under Utah Code 76-5-402.1

    • object rape under Utah Code 76-5-402.2

    • object rape of a child under Utah Code 76-5-402.3

    • sodomy on a child under Utah Code 76-5-403.1

    • aggravated sexual abuse of a child under Utah code 76-5-404.3

    • aggravated sexual assault under Utah Code 76-5-405

  • aggravated kidnapping under Utah Code 76-5-302 if you were not a natural parent of the child victim

  • human trafficking for sexual exploitation under Utah Code 76-5-308.5(4)(b) if you were not a natural parent of the child victim

  • aggravated human trafficking for sexual exploitation under Utah Code 76-5-310 if you were not a natural parent of the child victim

  • human trafficking of a vulnerable adult for sexual exploitation under Utah Code 76-5-311, if you were not the natural parent of the child victim

  • forcible sodomy under Utah Code 76-5-403

  • sexual abuse of a child under Utah Code 76-5-404.1

  • sexual exploitation of a minor under Utah Code 76-5b-201

  • aggravated sexual exploitation of a minor under Utah Code 76-5b-201.1

  • aggravated sexual extortion under Utah Code 76-5b-204(2)(b)

  • aggravated exploitation of prostitution under Utah Code 76-5d-208, on or after May 10, 2011

  • a felony violation of enticing a minor under Utah 76-5-417, if the you enticed the minor to engage in sexual activity that is one of the offenses described in Subsections (1)(b)(ii) through (xiii).

Then you must show that...

  • at least 20 years have passed after the later of:
    • the day on which you were placed on probation
    • the day on which you were released from incarceration to parole
    • the day on which your sentence was terminated without parole
    • the day on which you entered a community-based residential program or
    • for a minor, as defined in Utah Code 80-1-102 the day on which the division's custody of the minor was terminated
  • you have not been convicted of another offense that is a class A misdemeanor, felony, or capital felony within the most recent 20-year period after the above, as evidenced by a certificate of eligibility issued by the Bureau of Criminal Identification, and
  • you completed all treatment ordered by the court or the Board of Pardons and Parole relating to the offense, and
  • you have paid all restitution ordered by the court or the Board of Pardons and Parole relating to the offense, and
  • you submit to an evidence-based risk assessment showing that:
    • you meet the standards for the current risk assessment, score, and risk level required by the Board of Pardons and Parole for parole termination requests;
    • the assessment is completed within the six months before the date on which the petition is filed; and
    • describes the evidence-based risk assessment of the current level of risk to the safety of the public posed by you.

If you were required to register for life under Utah Code 53-29-202 based on a conviction in a jurisdiction outside of Utah, you may petition for 20 year removal from the registry under Utah Code 53-29-206 if you show that...

  • You have a lifetime registration requirement on the outside jurisdiction's sex, kidnap or child abuse offender registry (or equivalent registry);
  • you mee the requirements in Utah Code 53-29-206 (1)(a) through (d);
  • you have resided in Utah for at least 183 days in a year for two consecutive years;
  • you intend to reside primarily in Utah; and
  • you have recived an order from a court in the ouside jurisdiciton where you were initially required to register on a sex, kidnap, and child abuse registry (or an equivalent registry) that authorizes you to be removed from the sex, kidnap, and child abuse offender registry.

Utah Code 53-29-206

 

Asking to remove your name from the Registry

Petitioning the court for removal follows these steps, starting with the Bureau of Criminal Identification (BCI):

Before you can ask a judge to remove your name from the Registry, you must first get a Certificate of Eligibility for Removal of Name from the Registry from the Bureau of Criminal Identification (BCI). This document proves that you have met the requirements to ask the court for removal.

When you apply, BCI will check your records with other governmnent offices to see if you have met the requirements. You do not need to contact any other offices to get your reports.

If you want BCI to send your results to someone else (like a lawyer), you must include BCI’s Third-Party Release form with your application.

You must pay a fee when you turn in your application. If BCI approves your request, you will have to pay another fee to get the actual certificate. .

Your certificate is only good for 90 days. You must file your court papers before the certificate expires. If it expires, you will have to apply and pay the fees all over again. 

Once you have your certificate from BCI, you can file your petition (formal request) at the district court. 

Where to File: 

  • Utah cases: File your petition with the same court that handled your criminal case. Use the same case number from that original case.
  • Out-of-state cases: If your case was from another state and you have lived in Utah for at least 2 years, file the petition in the district court where you live now.

Give the court these four documents:

  • The Information or Indictment: This is the document that shows the original charges filed against you at the start of your case.
  • The court docket: This is the official list of everything that happened in your case.
  • The Certificate of Eligibility from BCI
  • The eligibility report from BCI

See our webpage on Filing Procedures for instructions on how to file with the court.

We do not have forms for this process

Before filing: Ensure your paperwork is complete. If the Judge denies your petition, you must wait before you can file again:

  • 3 Years: For standard registration.

  • 8 Years: For lifetime registration. 

See our page on Finding Legal Help for ways to find help.

After you file your papers with the court, you must provide a copy of everything to the prosecuting attorney’s office that handled your case. This is called service.

Who to serve:

What happens next: After you serve the papers, the prosecutor handles the following:

  • Notice to the victim: The prosecutor will mail a notice to the victim. The victim has 45 days to file a recommendation or objection with the court.

  • Information for the Judge: Within 30 days of receiving your petition, the prosecutor provides the court with the following (if they are available):

    • Your pre-sentencing report;

    • Any evaluations done for your sentencing; and

    • Any other information the prosecutor wants the court to consider.

After the petition is filed, the Judge will review the petition and all documents submitted. The court will schedule a hearing if one is requested by the prosecutor or the victim.

To grant a petition for removal, the Judge must find that you are eligible for removal and it is not contrary to the interests of the public to remove your name from the Registry. In deciding whether removal is contrary to the interests of the public, the court may not consider removal unless you have substantially complied with all registration requirements at all times.

The court must also decide whether you have demonstrated by clear and convincing evidence that you are rehabilitated and do not pose a threat to public safety.  Some of the factors that a court may consider include: 

  • The nature and the degree of violence involved in the offense that requires registration

  • The age and number of victims of the offense that requires registration

  • Your age at the time of the offense that requires registration

  • Your performance while on supervision for the offense that requires registration

  • Your stability in employment and housing

  • Your community and personal support system

  • Other criminal and relevant non-criminal behavior by you before and after the offense that requires registration

  • The level of risk posed by you as evidenced by a risk assessment under Utah Code 53-29-206(1)(d)(if available)

  • Any other factors the court finds relevant

If the petition is granted: 
If the judge grants the petition, the court will send a copy of the order directing removal of the offender from the Registry to the department and the office of the prosecutor.

If the petition is denied: 
If the judge denies your petition, you must wait the mandatory period before you are eligible to file again:

  • 3 Years: For standard registration cases.

  • 8 Years: For lifetime registration cases.

Utah Code 53-29-207